Mental Health and Incapacity Legislation (Review)

Part of the debate – in the Scottish Parliament on 19th March 2019.

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Photo of David Stewart David Stewart Labour

I thank the minister for the early sight of her statement.

The Adults with Incapacity (Scotland) Act 2000 and the Mental Health (Care and Treatment) (Scotland) Act 2003 were groundbreaking at the time but, in light of current international human rights laws, they look increasingly dated. Does the minister share my view that the United Nations Convention on the Rights of Persons with Disabilities is a crucial touchstone?

Does the minister also share my view that the key question that needs to be asked about future policy and legislation is whether they will do more to support people to take decisions for themselves, even if they have a mental illness, dementia or an intellectual disability, and to give effect to their decisions?

The minister outlined that improvements in practice in relation to incapacity could be made without the need for legislative change. Will she give more detail on the proposed strategy and on the improvements in training and support for guardians?